How Appealing

Tuesday, December 17, 2013

"After Ruling Critical of N.S.A., Uncertain Terrain for Appeal": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman


"Judge in Pa. gay marriage suit nixes state appeal": The Associated Press has a report that begins, "A federal judge hearing a challenge to Pennsylvania's law banning recognition of same-sex marriages is keeping the case on track for trial by preventing an appellate review at this stage."

I have posted online at this link today's memorandum and order of the U.S .District Court for the Middle District of Pennsylvania refusing to certify the case for immediate appellate review.
Posted at 05:42 PM by Howard Bashman



"The Case That Could Topple Obamacare": Pema Levy has this article online today at Newsweek.

According to the article, "It all started in 2011, when Jonathan H. Adler, a conservative law professor at Case Western Reserve University in Ohio, shot an email to his friend Michael Cannon, a health policy expert at the libertarian Cato Institute in Washington, D.C."
Posted at 05:33 PM by Howard Bashman



"Appeals court says smokers can't sue to get monitoring for future illness": The Buffalo News has this update.

You can access today's ruling of the New York State Court of Appeals -- that state's highest court -- at this link. The issue was before that court on certified question from the U.S. Court of Appeals for the Second Circuit.

In response to the ruling, Philip Morris USA issued a news release headlined "New York Court of Appeals Rejects Claim for Medical Monitoring."
Posted at 05:04 PM by Howard Bashman



"NSA Case: Where Do We Go From Here?" Joe Palazzolo and Jacob Gershman have this post today at WSJ.com's "Law Blog."
Posted at 02:20 PM by Howard Bashman


In today's mail: I received a review copy of Fifth Circuit Judge Leslie H. Southwick's memoir, "The Nominee: A Political and Spiritual Journey."

Thanks to the folks at University Press of Mississippi for noticing my earlier post about the book.
Posted at 02:10 PM by Howard Bashman



"Appeals court upholds life sentence in terror case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:22 PM by Howard Bashman


"Snap Out of It: If this judge doesn't buy the legal basis for the NSA's intrusive phone snooping, no one should." Emily Bazelon has this essay online at Slate.
Posted at 01:18 PM by Howard Bashman


"Ginsburg: justices should stay if able to work." The Associated Press has this report.
Posted at 01:16 PM by Howard Bashman


"Justice Ginsburg happy to no longer be confused with Sandra Day O'Connor": The Washington Post has this news update.
Posted at 12:18 PM by Howard Bashman


The contents of the December 2013 issue of The Yale Law Journal can now be accessed online: Via this link.

In the issue, law professor Michael W. McConnell has a book review titled "Why Protect Religious Freedom?"
Posted at 12:01 PM by Howard Bashman



"Justice Department Defends Law Banning Protests at Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:55 AM by Howard Bashman


"Congratulations To The 2014 Bristow Fellows": David Lat has this post today at "Above the Law."
Posted at 11:26 AM by Howard Bashman


"The Constitution's Vanishing Act: For decades, Supreme Court justices have been rewriting key parts of our governing document." Law professor Richard A. Epstein has this essay online at the Defining Ideas site of the Hoover Institution.
Posted at 11:23 AM by Howard Bashman


"Will The Supreme Court Finally Decide How Much Information Is Too Much?" Daniel Fisher has this post online today at Forbes.com.
Posted at 11:20 AM by Howard Bashman


"'A Mistake Has Been Made Here, and No One Wants to Correct It'; Without DNA evidence, how could we challenge the eyewitness testimony that sent our client to prison for 34 years?" Law professor Lara Bazelon (yes, she's one of Emily's younger sisters) has this jurisprudence essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Why Google, Twitter and Tumblr Are Backing the 'Dancing Baby'; A six-year-old viral video sparks an important battle over copyright law": Sam Gustin has this report online at Time magazine.
Posted at 10:58 AM by Howard Bashman


How hellish is your judicial hole? Via Daniel Fisher writing online at Forbes, I see that the American Tort Reform Association has issued the latest installment of its pro-business annual survey titled "Judicial Hellholes 2013/2014."

As noted in this news report from 2012, the Chief Justice of the Supreme Court of Pennsylvania referenced the "judicial hellhole" designation, apparently in jest, during my opposing counsel's presentation at an oral argument of mine (you can access the oral argument video online via this link). As I first noted in this post, yesterday my clients (the plaintiffs) won that case.
Posted at 10:45 AM by Howard Bashman



The Wall Street Journal's "Law Blog" has emerged from behind that publication's online paywall: A reporter for The WSJ who contributes to that blog from time to time emailed me this morning to convey the news. Before this change took place, the full contents of certain posts were hidden behind the paywall, while other posts were freely accessible in their entirety.
Posted at 10:26 AM by Howard Bashman


"FIRE and Broad Coalition File Brief Defending Free Speech in Student 'Facebook Collage' Case": The organization Foundation for Individual Rights in Education (FIRE) issued this news release yesterday about an amicus brief that FIRE and 11 other organizations sought leave to file yesterday in the U.S. Court of Appeals for the Eleventh Circuit.

FIRE has posted additional information about the case at this link.
Posted at 09:48 AM by Howard Bashman



"'Passionate' Judge Has Record of Wrestling With Thorny Issues, and the U.S. Government": This article appears today in The New York Times.

At Politico.com, Josh Gerstein has articles headlined "NSA ruling fallout hits White House" and "Larry Klayman crows on NSA win: 'We hit the mother lode.'"

And online at The Atlantic, Andrew Cohen has an essay titled "Judge's Ruling Could Jeopardize NSA Surveillance; A D.C. trial judge says the government's 'bulk metadata' program relies on a 34-year-old precedent obviated by current technologies."
Posted at 09:40 AM by Howard Bashman



"Laughtergate: The Day the Laughter Died at SCOTUS." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:32 AM by Howard Bashman


"Republicans Warn Supreme Court That EPA Program 'Threatens Liberty'": National Journal has this report.
Posted at 08:15 AM by Howard Bashman


"Report: Nevada Supreme Court, Clark County justices carry heavy caseloads; Compared with other counties and states, Nevada judges see a lot of cases." The Las Vegas Sun has this article.
Posted at 08:14 AM by Howard Bashman


"U.S. Supreme Court refuses to hear Beaver County family's appeal on school bullying claim": The Pittsburgh Tribune-Review has this report.
Posted at 08:07 AM by Howard Bashman


"With sex-work ruling, Supreme Court can be on the right side of history": Online today at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, "On Friday, the Supreme Court of Canada has the opportunity to be on the right side of history when it releases its decision in Bedford, a case challenging the constitutionality of Canada's sex-work laws."
Posted at 08:06 AM by Howard Bashman


"Shrinking high court docket bedevils conservatives; Several key cases are dismissed for technical or legal reasons, and liberals breathe a sigh of relief; Even the upcoming test over presidential 'recess appointments' has lost some steam": Richard Wolf of USA Today has this report.
Posted at 08:03 AM by Howard Bashman


"U.S. Supreme Court upholds biotech exec's fraud conviction": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:00 AM by Howard Bashman


"Tea party and political buttons: Supreme Court declines Minnesota case; Conservative groups, including the Minnesota North Star Tea Party Patriots, said a state election law violated voters' free speech rights; The action by the Supreme Court lets stand a federal appeals court decision upholding the statute." Warren Richey of The Christian Science Monitor has this report.
Posted at 07:56 AM by Howard Bashman


"Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests." This front page article appears today in The State of Columbia, South Carolina reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:42 AM by Howard Bashman


eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek